← Dead Certain: The Martha Moxley Murder
Dead Certain: The Martha Moxley Murder
No Good Deed
00:58:16
An ill-conceived plan to clear the Skakel name goes awry. The Moxley case is thrust back in the spotlight. Suspicion falls on Michael Skakel for the first time.
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- [00:01]
Podcast Host / Advertiser
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- [00:57]
Andrew Goldman
Our last episode ended just before Christmas 1992 with Skakel Tutor Ken Littleton angrily ditching Greenwich after failing his second polygraph and accusing Michael Skakel of being a coke crazed animal murdering 15 year old. Mostly thanks to Ken. This became a pervasive opinion in the press about him. Was it true? We'll get to that. But first we're going to have to rewind the tape of Smidgen A little over a year back to the fall of 1991. The state of Connecticut was right in the thick of their efforts to pin Martha Moxley's murder on then prime suspect Littleton. One day Jack Solomon, the state's Attorney's chief inspector for Fairfield county, which encompasses Greenwich, came up with a ruse to nail the former Skakel Tudor. Solomon, the chain smoking John Wayne lookalike who'd been on the case since Martha's body was discovered, rang up many Margolis, Tommy Skakel's longtime lawyer. Margolis, you'll remember, was hired in early 1976 after it became clear that the police were honing in on Tommy as a suspect. Solomon told Margolis the newly reopened investigation into Ken Littleton required his office to photograph the Skakel house. I've come to suspect based on what unfolded, this was really just a strategic move to get in a room with Margolis. In any case, it worked and it would forever change the trajectory of the Martha Moxley case. When Inspector Solomon and his colleagues arrived at the Skakel house on Otter Rock, they were, as Solomon had hoped, met by Margolis as well as a thick set 67 year old attorney named Tom Sheridan, who also worked for the Skakels, mainly handling Rush Skakel seniors affairs. On the Skakel sun porch that autumn afternoon, Jack Solomon brandished a three ring binder for the two lawyers. He flipped through page after page documenting unsolved murders of women on the east coast, murders he thought Ken Littleton might have been responsible for. In addition, of course, to killing Martha Moxley. Solomon told the lawyers he was now hot on the trail of Littleton and only Littleton, and that Tommy was no longer a suspect. Solomon was hoping that by revealing this, Manny Margolis would finally allow him to interview Tommy Skakel about Ken Littleton. In the 15 years since Rush Sr. Hired Manny Margolis to represent his son, Margolis hadn't allowed any cops anywhere near Tommy. He and Tom Sheridan would field questions from investigators and deliver answers from the siblings, but there would be no direct access to the Skakel family. Solomon wanted FaceTime with Tommy. Maybe he heard something or remembered something helpful about Ken's demeanor when they watched the French Connection together. But Solomon was kind of like the Wile E. Coyote of investigators. His intricate plans, like all those schemes with Ken's ex wife Mary trying to get him to confess, seemed to always bring the boulder down on his own head. This scheme was no exception. Solomon's ruse was a bust. Margolis never allowed him to interview Tommy. Solomon's efforts to butter up Margolis ended up making a much bigger impression on Rush Skakel's lawyer, Tom Sheridan. Sheridan knew how much appearances mattered to Rush Sr. And how much it distressed him that periodically, the Greenwich Time and other publications would rehash the Moxley case. Here's Manny Margolis on Dateline in 2003.
- [04:20]
Jack Donahue
Rushton Skakel and Tom Sheridan were concerned.
- [04:24]
Andrew Goldman
About the fact that this was a case that wouldn't go away.
- [04:26]
Jack Donahue
There was still all of this noise.
- [04:30]
Andrew Goldman
And constant repeating of the stories about the murder and whether or not Tom was the perpetrator. Since William Kennedy Smith's spring 1991 arrest on rape charges, the scrutiny had gotten a lot worse. So if, as Jack Solomon suggested, the authorities were about to arrest Littleton, wouldn't it be a perfect time to initiate an independent investigation that could clear the Skakel name and restore some honor to the family? After the meeting, Sheridan sought a recommendation from an old friend for a private investigator who could help with the case. He found an ideal candidate in a man who had spent 15 years as an FBI agent.
- [05:10]
Jim Murphy
Name is Jim Murphy. I serve as the president of Sutton Associates, and back in the early 90s, I conducted an investigation regarding the death of Martha Moxley.
- [05:22]
Andrew Goldman
If you saw Jim Murphy at the grocery store, you'd probably look right through him, which in my mind, makes him an ideal investigator. Average height, average build, conservative dress, graying brown hair of average Length glasses with unflashy frames. I've shared a couple of meals with him in restaurants and both times I found his speaking voice so soft that I've had to thrust my head halfway across the table if I wanted to actually catch what he was saying. How did you ever find out about this case and how did you become involved with it?
- [05:52]
Jim Murphy
Tom Sheridan represented the Skakel family and he is the one that expressed that Mr. Skakel wanted an investigation conducted. So they came to me. Mr. Skakel's objective and the reason I accepted the assignment was that if we were able to prove that one of his sons committed this homicide, then he would bring his son forward. The appropriate da Appropriate authorities acknowledge that and get whatever help his son needed. Sound like a very good objective on his part? An honorable one.
- [06:43]
Andrew Goldman
One other thing to know about Murphy, he's a man of deep faith. Deacon in his Catholic Church for 25 years. A devotion that he attributes in large part to the death of his 12 year old son Brian of a rare thyroid cancer in 1992 while he was working on the Moxley case. As you'll see, the Sutton investigation would run into some serious bumps along the way. But I don't see Murphy as someone who would take investigating the murder of a 15 year old girl as anything but a solemn duty. Still, it's an odd plan that Tom Sheridan and Rush Skakel cooked up this self directed inquest into Rush's own children. As you'll learn, there may have been other motives at play. After all, an intensive private investigation wouldn't come cheap. But Rush Sr. Was used to solving problems with money. Maybe that's why Sheridan's plan sounded reasonable to him. Whatever the case, when Rush Skakel hired Sutton Associates, he lit the fuse of a bomb. It was only a matter of time before it blew up his entire family. I'm Andrew Goldman from NBC News studios and highly replaceable productions. This is dead. The Martha Moxley murder. In the summer of 1992, the investigation began even though the Skakel siblings were no longer kids. The youngest, Steven, was now 26 and oldest, Rush Jr. 36. Rush Sr. Encouraged and got full family participation. All siblings appeared for days of questioning, as did Rush Sr. Himself, Ken Littleton and Martha's brother Jon Moxley. They did interview all of us, hypnotized a number of us. Access to the Skakel family wasn't just limited to hypnosis and interviews. Tommy's complete medical records were delivered to Sutton Associates. They had access to the motherlode. Initially, the plan to clear the Skakel name was playing out brilliantly. In July 1993, a story ran in the New York Daily News announcing Sutton's investigation. Jim Murphy told the reporter that his mandate was, wherever the chips may fall, they want to know the truth. He also gave credence to the idea that Ken Littleton might be a serial killer by identifying three unsolved homicides of women in Northwest Massachusetts that occurred while Littleton was nearby. Publicly, at least, it seemed as though the noose was tightening around Ken Littleton's thick yankee neck. But 1993, then 1994, came and went. After all the tricks dreamed up by the Greenwich investigators had failed to produce their much needed confession. That imminent arrest of Littleton that Solomon had hinted at on the Skakel sun porch never materialized, so there was no public victory lap for the Skakel family. In the meantime, the Sutton investigation marched on for nearly four years. Investigators reinterviewed witnesses close to the case, pored over police documents, and workshopped their theories of the crime. The sleuths kept on sleuthing, perhaps because the Skakel checks kept clearing, something you'll be hearing more about. But whatever was dragging out the investigation, it showed no signs of wrapping up. Then, around Christmas 1995, Skakel family attorney Tom Sheridan unexpectedly called Sutton Associates. Jim Murphy.
- [10:20]
Jim Murphy
We were told to. To wrap up our investigation.
- [10:25]
Andrew Goldman
Were you given a reason? Specific reason?
- [10:27]
Jim Murphy
We're stopping. We're not doing anything more, you know, no explanation.
- [10:32]
Andrew Goldman
Even though Murphy wasn't told specifically why they were shutting down. I have a hunch. About a month prior to the shutdown of the Sutton investigation, a series of articles about the Skakel family was published by Newsday journalist Len Levitt. Levitt reported that Tommy Skakell, during an interview with Sutton Associates, had, for the first time in 20 years, changed his story. It appeared that he'd had more contact with Martha the night she was killed than he'd previously let on. A week later, a second story dropped in Newsday, this time reporting that not only had Tommy admitted to Sutton and Associates that he lied to cops in 1975 about his whereabouts, but his brother Michael had, too. The details were vague. Something about Michael being outside of Martha's house on the night of the murder. All of a sudden, the Skakels were back in the news, and not in a way that patriarch Rush Skakel would have appreciated. The headline alone was Damning Lying Brothers. Second, Kennedy Kinn Admits Lying in Murder Case. It marked the first time that any insinuations about Michael had been made public, as Len Levitt would Later acknowledge on Dateline. Articles I wrote talked about Michael's changing story and Tommy's changing story. Michael had never been in the frame as a suspect. Suspected Skakel was his older brother.
- [11:45]
Jim Murphy
Tommy.
- [11:46]
Andrew Goldman
That's right, Tommy was the suspect. Michael had been totally in the clear rush. Skakel had now gone from his dream scenario that Ken Littleton would be cuffed and Tommy exonerated to having not just one, but two sons linked to the crime. In the papers, Manny Margolis, clearly the more responsible of the Skakel family. Attorneys went into full damage control mode, alerting the Skakels that Sheridan's plan was proving to be a monumental mistake and urging them to shut it down immediately. It was then that Sheridan, having received some choice words from Margolis about his ill conceived scheme, called Murphy and said the investigation was over. He requested all the files back from Jim Murphy so he could return them to Margolis.
- [12:29]
Jim Murphy
I took all of our files, everything, and gave them back to Tommy.
- [12:35]
Andrew Goldman
To be clear, that's Tom Sheridan he's talking about turning the files over to, not Tommy Skakel. And as you'll soon learn, it turns out, it wasn't quite everything. In the meantime, a frustrated detective whose case had gone stone cold was turning the pages of Newsday, his mouth agog. Inspector Frank Garr. First time I heard about those changes stories were in a newspaper article written by Len Levitt. Both Thomas and Michael admitted that they had lied to the police in 1975. As he read those stories about the Skakel brothers, Gar must have been hearing the signature pops and cracks of ice thigh. Gar's name should be familiar to you by now. He was on the Moxley case since the beginning. It was Gar who'd been the police dispatcher the morning of Halloween 1975, when Dorothy Moxley first called to report her daughter missing. He was Greenwich's rebel detective, he of the ponytail and the acting headshot. I reached out to Garr for this podcast, but he ignored my calls and the certified letters that I wrote. The clip of his voice you just heard and the ones that follow are from interviews Garr did with Dateline. But we have an even more comprehensive source to draw from. In 2004, nine years after Newsday reporter Len Levitt published those scoops about the Skakel brothers changing their stories, Levitt published Solving the Moxley Murder, a book documenting Gar's history with the case. Although only Levitt's name was on the COVID It was very much a collaboration with Gar, who took half of the Small book advance. Much of what you're going to hear about Garr comes directly from that book. For years, Garr had worked under Jack Solomon, the state's attorney's chief investigator, as they tried to build a case against the Skakel tutor, Ken Littleton. In 1995, three years after Solomon's disastrous final meeting with Littleton, following his questionable failed polygraph, and just months before those leaks made Newsday, Solomon retired. Gar stepped into his job, taking over the Moxley case. When Garr left the Greenwich Police Department and reported to his new digs in the Bridgeport offices of the Fairfield County State's Attorney, he moved from one of the wealthiest towns in Connecticut, a half hour north, to one of the poorest. Unlike Solomon, Garr had no junior partner. The Moxley case was now his and his alone. When I left Greenwich, I took it with me up there because there's nobody on this department now left that worked on it. Everyone else is retired. It would seem to be a cause for celebration. But almost immediately, he was miserable in his new gig. The case was now colder than cold. So cold that cops had by then consulted with eight, eight psychics, one of them only 11 years old. And not only were the Skekels refusing to speak with Gar now, thanks to Solomon's handiwork, so was Ken Littleton. Gar felt confident that the case would not be solved by forensics because there were effectively none to speak of. Besides a few hairs gathered from the crime scene that didn't conclusively match any known suspect. Investigators never found semen, saliva, or fingerprints. And if an eyewitness to the murder hadn't come forward yet, it seemed highly unlikely that one ever would. The only thing that would finally solve this case was a confession or locating a witness to a confession. Garr would need to cast a wide net. In 1995, as a hail Mary, he tried to interest the producers of various crime TV shows to run a segment on the case that would hopefully yield some new tips. No dice. Each one told him there simply wasn't enough interest in an old case. As Garr would later explain on Dateline, I had gone to television and wanted this to be broadcasted a segment and I had been turned down because of lack of any new information that they felt would be needed in order to get this on the air. But then fate, courtesy of whoever leaked the details of the Sutton investigation to Newsday, did him a solid. People were again talking about Greenwich's most notorious unsolved crime. Frank Garr went straight to his boss, Don Brown, the longtime state's attorney for Fairfield County, Newsday articles in hand. But Brown was unfazed. Just as he had in 1976. Brown punted, opting not to pursue charges. Garr was understandably frustrated, but there was a silver lining. They might not have precipitated a quick arrest, but those articles about the Sutton leaks did move the case in one important way. Those TV producers who'd just blown off Frank Guard were now interested. That's the information that I was able to use to get Unsolved Mysteries to be to get interested in this and to airing their segment. The episode ran in February of 1996. Both Garr and Levitt appeared.
- [17:22]
Jack Donahue
Leonard Levitt is an investigative reporter for the Long island based Daily Newsday. He has been looking into the Moxley case since 1982.
- [17:32]
Jim Murphy
There were no defense wounds, which indicates that she knew her attacker.
- [17:37]
Andrew Goldman
Merely the fact that she was hit.
- [17:39]
Jim Murphy
Repeatedly with a golf club indicates some kind of rage, which personalizes this thing, which indicates that there was such anger that the two had to have known each other, that it was a crime of passion.
- [17:55]
Andrew Goldman
On the segment, Levitt's opinions on the case seemed to point to the Skakel brother who'd long been one of the state's top suspects. Tommy Frank Garr was standing by in the Burbank studio to field calls from those who phoned the toll free number the show had provided. And that night, a guy named Phil Lawrence called in from Florida. One of the operators waved Garr over to the desk to take the call. Lawrence said he had information to share. He said he'd once attended boarding school with a Skakel brother in Maine. And while there, Lawrence he'd learned who killed Martha Moxley. And it wasn't Tommy Skakel.
- [18:49]
Podcast Host / Advertiser
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- [20:05]
Andrew Goldman
On the phone in the Unsolved Mysteries studio, Phil Lawrence told Frank Garr that he'd attended the Elan School, a reformatory in Maine for troubled teens in the late 1970s. Along with Michael Schakel, Lawrence then shared something astounding. He said it was common knowledge among those at Holland that Michael Skakel had murdered Martha Moxley. What did common knowledge mean, Gar asked Lawrence. Had he personally heard a confession? No, Lawrence admitted he didn't remember personally hearing one. But supposedly Skakel had confessed in group therapy. It wasn't exactly a smoking gun. But Garr wondered, could it be legitimate if Michael Skakel had actually confessed to murder? Could the key to finally closing the Moxley case be found at the Elan School? It was a tantalizing new lead to chase down. Michael had never been a suspect before, but none of the other suspects had stuck. Maybe there's something to this, thought Garr. Once again, Garr went to his boss, longtime State's Attorney Don Brown, and tried to get him on board. And again, his efforts to get traction failed. Brown just didn't seem interested in pursuing Michael, or anyone for that matter, as a suspect publicly, at least for the time being, the media remain focused on Tommy as the Skakel in the hot seat. In June 1996, seizing on the renewed media interest in the case brought on by the Unsolved Mysteries segment, the Moxley family held a press conference at the Bridgeport Holiday Inn to announce they were doubling the amount of the reward money offered in the case from $50,000 to $100,000. The news of the reward bump had the effect of shaking the trees even more forcefully than Unsolved mysteries. On Halloween 1996, four months after the announcement, Frank Gar got another even better lead about Michael. A 39 year old Chicago man named Chuck Segan called the Greenwich police, saying he had pertinent information.
- [22:01]
Interviewee / Witness / Other
I'm getting this stuff in my face from the television. I'm like, I can't avoid it. I have to say something on the.
- [22:09]
Andrew Goldman
Phone with Frank Garr, segan said. He'd overlapped at the Elan School with Michael Skakel and wanted to share something he'd recently heard while hanging out with another fellow Elan alum from the Chicago area. His name, John Higgins. One night in the dorms at Elan, Higgins had told Segan he and Michael Skakel were talking, and the subject of the Martha Moxley murder came up.
- [22:32]
Interviewee / Witness / Other
John, you know, again, going back to what he told me was that Michael kind of quietly said that after John said, well, did you or didn't you do it? Mike said, yeah, I did do it. John goes, what? And John said he didn't say anything more after that.
- [22:53]
Andrew Goldman
Yes, I did do it. Michael allegedly told Higgins and then went quiet. When Gar heard this story, he was understandably pumped. It was yet another crack in the metaphorical ice. But like journalists, detectives have an imperative to turn scuttlebutt into something more in court. Hot gossip heard over your neighbor's coffee table is called hearsay. Chuck Segan saying someone told him he heard Michael Skickle confess hearsay. Unless Gar could get direct testimony from the person who heard firsthand, any murder confession would be useless. So in early November 1996, Garr tracked down a number for former Elan student John Higgins, a 34 year old Volvo mechanic living in Lyle, Illinois. Higgins told Garr that he'd indeed had a very emotional conversation about the murder with Michael one night at a lawn. Higgins didn't, however, share the confession, Segan reported. In fact, Higgins insisted there'd been no explicit confession.
- [23:58]
Interviewee / Witness / Other
Well, I, I, I pretty much got got you about everything that he told me. He never specifically told me that he killed anybody. Never said that.
- [24:14]
Andrew Goldman
Yeah, certainly that's the original audio of Gar speaking to Higgins. It's not great, right? Higgins reiterated exactly how certain he was that he'd given Gar everything he had.
- [24:26]
Interviewee / Witness / Other
I live and die I never ever. It costs me more than it would cost, you know, to be the way I am.
- [24:38]
Andrew Goldman
I live and die by the truth, said Higgins. It costs me more than you would possibly know to be the way I am. It must have felt to Gar like he'd hit yet another dead end. But miraculously, days later, on their second telephone call, Higgins changed his tune.
- [24:56]
Interviewee / Witness / Other
What exactly did he say and how.
- [24:59]
Andrew Goldman
Did that come about if you couldn't quite make out Garr's words? He's asking Higgins about his conversation with Michael Skakel that night in the Elan dorms.
- [25:08]
Interviewee / Witness / Other
Well, at the end of the conversation, Michael was just obviously destroyed, and he was just sitting there Crying and was probably crying five minutes or so. And then he said that. He said, I killed her. What did you say? I don't think I said anything. That was the only words he said about him then. I killed her. I probably gave the guy a hug.
- [25:50]
Andrew Goldman
Michael said, I killed her and I probably gave the guy a hug. Higgins told Gar that cracking ice of his 21 year old cold case had overnight melted into a torrent. I've got him, Gar thought. More than two decades after the death of Martha Moxley, Gar found himself in a position that every cop who'd worked the case had dreamed about. Finally, he had a confession. He immediately hustled down the hall to tell his boss. But by now you probably know enough about State's Attorney Don Brown to guess what happened. Absolutely nothing. Gar was infuriated. They had a witness to a confession. What else did Don Brown need to finally act? Gar wondered. The wheels in his brain started turning. Was now retired Jack Solomon still meddling, insisting to his old boss that Kent Littleton was their guy? Garr speculated this was the case. Brown, for his part, likely would have characterized his continued inaction on the Moxley case as judicious or prudent. Though I think it's probably more of a case of political self interest. Prosecutors, I've learned, are by nature fiercely protective of their conviction rates. And Brown was no exception. Winning is everything, and if a prosecutor racks up enough Ls, they tarnish their legacy or even lose their jobs. Garr claimed Brown once discussed his impending retirement and admitted, frank, I don't want to go out a loser. Without, say, DNA evidence. No 20 plus year old case would offer great odds for victory. Failing to get a conviction in the high profile Martha Moxley murder case would absolutely assure he'd got a huge loser. Gar surely must have thought this was the end of the line. But unbeknownst to Gar, there was a major development stirring behind the scenes. Something that ultimately would set a blowtorch to his frozen case. We've already briefly touched on how, when speaking to the Sutton investigators, both Tommy and Michael Skakel changed their stories about their whereabouts on October 30th of 1975. But we haven't yet dived into the particulars of what they said. We'll come back to Tommy, who had long been a suspect in the eyes of both law enforcement and the press. Even though what he said was indeed significant, the revelation didn't move the powers that be to act. Tommy was kind of old news. Michael was the new news, or as it's sometimes called, the news. The story he told Sutton Associates presented a turning point in the case. Had he not shared it, the case almost certainly would have died inside Don Brown's office. So what exactly did he say? Recall back in 1975, in the days following Martha's murder, Michael, like all the Skakels and other Belhaven kids, sat for an interview with the Greenwich police. Here he is recounting to Detective Jim Lunney what happened after he and the Skakel gang returned from dinner at the Belhaven Club. You heard some of it in episode one.
- [28:48]
Interviewee / Witness / Other
After dinner at the Belhaven Club, I came home and we sat around on our porch for a while. I saw Martha, Helen and Jeffrey Burns at the door, so I flagged them over the other way. So we went in one side of the house and out the other and went in dad's car and listened to music for a little while. And then Rush came out and said that he had to use the car, so. And then Drew me came out.
- [29:24]
Andrew Goldman
So Michael, Martha, Tommy, Helen Icks and Jeff Byrne listen to music in the Love Mobile for a few minutes. Then two Skakel brothers, 16 year old John and 19 year old Rush Jr. Come out. They say that they need to use the car to take their cousin, 17 year old Jimmy Tarrion home to a rambling castle like estate in the back country of Greenwich where parental supervision was sparse and teens could run wild. The family named the mansion Circumcorda for the Latin phrase meaning lift up your hearts. The Catholic priests say at mass before offering Holy communion.
- [29:56]
Interviewee / Witness / Other
And then Tom and Martha. Tom stay. So did Martha who was in the car with you? Jimmy, Karen, my brother John, Martha, Rush. Okay, when you left the driveway, you went directly to Jimmy Carrion's home? Correct. Did you make any stops before getting to Jim's house? Cigarettes, candy. Okay. How long did you stay at Jim's house? About hour and a half. Okay. About what time did you get back to your house? Probably about 10:30.
- [30:36]
Andrew Goldman
So Michael said that he joined his brothers in the Lovemobile trip to Sursum Korda, eight miles away in the Greenwich backcountry. A drive of about 20 minutes. The police established that the car departed before 9:30 so that the boys could arrive in plenty of time to watch Monty Python's Flying Circus which started at 10pm over the first two decades of the investigation, this was never controversial. Michael went to his cousin's house. In separate interviews with the police, John and Rush Jr. As well as their cousin Jimmy Terry confirmed this Account in a variety of documents. All the detectives investigating the case, Lonnie, Keegan, Solomon and Gar, consistently noted that it had been established that Michael accompanied his brothers and cousin on his trip to Sirsham Corda. When Michael sat down with Sutton Associates investigators in Tom Sheridan's office in 1992, nothing about his account of that part of the night changed. But something significant in his story had changed. Here's what he said in 1975.
- [31:38]
Interviewee / Witness / Other
What did you do when you got back to your house? Came inside and I'm not sure if I got a snack or not, but I think I might have now went upstairs. Okay. What time do you think you got to bed? Probably about 15 minutes after. Okay. Sometime between 10:30 and 11 in that area. Okay. Did you go to sleep right away? Did you read, watch tv? No sleep. Did you hear anything suspicious after you got into bed? Anything that you know, might make you believe something was going on outside? No. Did you leave the house after you went to bed? Huh?
- [32:24]
Andrew Goldman
That last part where Michael says he didn't leave the house after he went to bed, that's the part that 17 years after Martha's murder suddenly shifted. Actually, Michael told the Sutton Associates investigator In August of 1992 he had not in fact just gone to bed when he got back from his cousin Jimmy's house. He then proceeded to recount a jaw dropping story about his activity the evening Martha Moxley died. No audio exists of Michael Sutton interview, but several years later, Michael, then 37, would tell the same story to a writer he hired to help him write his memoir.
- [33:00]
Interviewee / Witness / Other
When we got home and all the lights, most of the lights were out. Walking around the house, nobody was on the porch. I think I got something to eat, went upstairs, went to bed, and I couldn't sleep. And part of me got horny. And I kept thinking about this lady up Wallace Lane. But it's dark outside and I'm scared of the dark. Oh, fuck it. I'll go. Okay. Snuck out the back door or maybe the front door. Anyway, I remember running past the pool up Walsh Lane and I just ran to that lady's house. And, you know, I was like spying in her window and hoping to see her naked. And I was like, this is. And I was kind of drunk, so I, like couldn't get it up. So this, you know, why should I do this? You know, Martha liked me. I'll go, I'll go get a kiss from Martha. I'll be bold tonight. You know, booze gave me, made me, gave me courage again. So I Went over, went over to their house. I ran up onto the front stairs. They have huge front stairs, front entrance. And I remember climbing up, seeing the light was on, like on the second or third floor they had these huge cedar trees, pine trees right at the front door. And I remember climbing up them, like way up there. And I think I threw rocks or sticks at the window and I was yelling her name. I don't know, I guess I'm a little out of my mind because I was drunk and hot. I pulled my pants out, I masturbated for 30 seconds in the tree. And I went, this is crazy. They catch me, they're going to think I'm nuts. A moment of clarity came into my head. I climbed down the tree and they have an oval driveway, half oval driveway. And I started. It would be a direct route from their front door to our how, but it's really dark. And when I started walking through, something in me said, don't go in the dark over there. I went under the street light and I remember yelling, who's in there? Who's in there? And then I was like, I'm running home. I ran home and I remember thinking, oh my God, I hope God nobody saw me jerking off. And then went to sleep and I Woke up to Mrs. Moxley saying, Michael, have you seen Martha?
- [35:54]
Andrew Goldman
Nobody the police had interviewed over the years had ever put themselves so close to the crime scene, let alone masturbating there. It was a mind blowing tale, creepy and confounding and a very dark one, considering Michael had apparently been in a tree trying to lure a girl out of her home, who for the last hour had been lying dead or dying on the ground nearby. In 1995, when Newsday reporter Len Levitt wrote about Michael changing his story, he didn't include the masturbation detail. Maybe he didn't know it, or maybe it was deemed unfit for a family newspaper. Had he included it, it's possible suspicion might have shifted to Michael. But as far as the public knew, Tommy as the last known person to see Martha Moxley alive, still seems seemed a better bet. The cops strongly believed that Martha was killed between 9:30 and 10pm When Michael was across town at Sursam Korda with his brothers and cousin. Unless Michael could be in two places at once, he just wasn't a viable suspect. The Sutton investigation might well have just faded into history, just become a forgotten detail in an old newspaper story. Except for what happened next.
- [37:08]
Podcast Host / Advertiser
Foreign. Hey, weirdos. I'm Elena. And I'm Ash and we are the Hosts of Morbid Podcast each week we dive into the dark and fascinating world of true crime, spooky history, and the unexplained. From infamous from infamous killers and unsolved mysteries to haunted places and strange legends. We cover it all with research, empathy, humor, and a few creative expletives. It's smart, it's spooky, and it's just the right amount of weird. Two new episodes drop every week, and there's even a bonus once a month. Find us wherever you listen to podcasts. Yay.
- [37:53]
Andrew Goldman
Woo.
- [38:03]
Podcast Host / Advertiser
They say if you want to go fast, go alone. But if you want to go far, go together. At Amica Insurance, we're built for our customers and prioritize your needs. Call 877-41-AMECA for a free coverage review.
- [38:20]
Andrew Goldman
And Doug Here we have the Limu.
- [38:23]
Jack Donahue
Emu in its natural habitat, helping people customize their car insurance and save hundreds of with Liberty Mutual. Fascinating.
- [38:32]
Andrew Goldman
It's accompanied by his natural ally, Doug.
- [38:35]
Interviewee / Witness / Other
Uh, Limu is that guy with the binoculars watching us?
- [38:38]
Andrew Goldman
Cut the camera.
- [38:39]
Jack Donahue
They see us.
- [38:40]
Andrew Goldman
Only pay for what you need@libertymutual.com Liberty Liberty Liberty Liberty Savings Fairy Unwritten by Liberty Mutual Insurance Company and affiliates excludes Massachusetts. Recall that shortly after Levitt's articles appeared in Newsday in late 1995, Sutton Associates founder Jim Murphy got a call from Skakel family lawyer Tom Sheridan.
- [39:00]
Jim Murphy
We were told to wrap up our investigation.
- [39:03]
Andrew Goldman
As instructed, Murphy closed up shop on the Martha Moxley murder investigation and turned over all relevant materials to Sheridan. Or at least he thought he'd turned over everything. There was one member of his team who was more reluctant to give up than the others. His name was Jamie Bryan. Two years into the investigation, Murphy had a specific assignment that required someone with writing skills. A relative of Murphy recommended Brian. He was an aspiring writer in his early 20s. A recent graduate of the University of Virginia, Murphy had read a few of his articles and was impressed.
- [39:40]
Jim Murphy
I was looking for someone to bring in who could take a look at all the work that we had done over a couple of years now, right? So I asked him to take all the information that he had, and he had free access to all my files and put together what I call the worst case scenario.
- [40:00]
Andrew Goldman
Murphy asked Brian to marshal all of the thousands of pages of evidence that the detectives had collected and make the most compelling case he could for the hypothetical guilt of the most likely murder suspects, both Skakels and non Skakels. Hearing Michael's weird tree story had the same effect on the Sutton guys that it probably did on you. So, along with Ken Littleton and Tommy Skakel, Michael earned his own worst case scenario report. The exercise had a couple purposes. Brian's fresh eyes might locate something the detectives had missed and might want to pursue further. And as an added benefit, if Tommy or Michael Skakel were ever arrested, the suspect reports could provide their attorneys with an idea of what kind of case the prosecution might mount. I have to stop for a moment to reiterate what I just shared. Rush Skakel Sr. At the urging of his own attorney, hired a former FBI agent to build a case against two of his sons and paid him to spend four years doing so. Apparently, this plan made sense to Tom Sheridan and Jim Murphy. Other attorneys I've spoken to about this, suggest this plan. Plan was, as my mom used to say, nuttier than a fruitcake.
- [41:09]
Podcast Host / Advertiser
Um, well.
- [41:17]
Andrew Goldman
The struggling to even find words voice you're hearing belongs to seasoned Connecticut criminal defense attorney Jessica Walker, who would eventually work on Michael's case. You'll hear more from her throughout the series.
- [41:28]
Podcast Host / Advertiser
That's absolutely crazy. It doesn't make any sense. Nobody, no criminal defense attorney in their right mind would ever say, hey, do you think that you could write a report that makes my child look guilty as sin? Why would you do that? Who does that?
- [41:51]
Andrew Goldman
But for argument's sake, let's say you do decide to pursue this perhaps ludicrous idea. You'd probably want an attorney to write them up, not only because they would be anticipating how things might play out in a trial, but even more importantly, because their conclusions would be safe from any and all prying eyes, protected by attorney client privilege. But if you didn't want to spend the dough, at the very least you'd insist that anyone with access to Sutton's files sign an ironclad non disclosure agreement. After all, the materials Bryan had access to were top secret and of intense interest to both Connecticut authorities as well as the media. Given the extreme sensitivity of the documents, did either Tom Sheridan or Jim Murphy get recent college grad Jamie Bryan to sign an NDA before opening their files? Nope, Not a chance. Well, then certainly Bryan must have been monitored very closely while he was going through the documents at Sutton Associates, perhaps even subjected to searches before leaving at night, just like they do at libraries and government agencies that deal in sensitive information. Right, right. And so did he come into the. To the Long island offices and go through the files? I mean, did he spend weeks? What did he.
- [43:01]
Interviewee / Witness / Other
How did he.
- [43:02]
Jim Murphy
Yeah, yeah, he. He came in, and then I gave him permission to work from home. So he took the documents that he thinks that he, that he needed or wanted would take him home, work on him, bring him back.
- [43:14]
Andrew Goldman
In late 1995, following Tom Sheridan's call to cease the investigation, Jim Murphy broke the news to Jamie Bryan.
- [43:22]
Jim Murphy
He had a very hard time accepting.
- [43:24]
Interviewee / Witness / Other
That.
- [43:26]
Jim Murphy
Jamie's perspective with me. He says, we can't stop. You know, we're close to solving this thing now. I said, no. I said we were working for an attorney. He told us to stop, so we're going to stop. In addition, nobody's paying us for this, so this is over. So I was just waiting. Why he goes, what did he say?
- [43:49]
Andrew Goldman
I'm just curious.
- [43:50]
Jim Murphy
Well, when he was working, he was, he was working from home, you know, So I went, I. I took a ride down to where he was at the time, and he gave me a box with documents in it and whatnot. And this is everything, right? Yeah, this is. This is everything. I said, okay. So then that was it.
- [44:09]
Andrew Goldman
The Skakel case may have been over for Jim Murphy, but it was far from from it for Jamie Bryan, who has since had a long career in advertising copywriting. I've reached out many times to Brian over the years, but he's consistently ignored all my calls and emails. In certain ways, I recognize a lot of myself in Jamie Bryan, and I think I understand why he might have done what he did next. We're about the same age, and after delving into much of the same material that Brian had, I was hooked too. And I had a hard time giving up the case, even after my official work as Bobby Kennedy's ghostwriter was over. I certainly understand what it's like to be a young aspiring journalist. And I'm old enough to remember the mid-90s, when Glossy Conde Nast magazines like Vanity Fair had incredible cachet and bottomless budgets. So even though I believe what he did next was unethical, and I don't imagine that anyone, not even Brian himself, could have predicted the chain of events his actions kicked off. I think I understand why he did it. It's hard to express exactly how excited I was to be invited to lunch by Dominic Dunn in 1999. I was in my mid-20s, a fledgling newspaper reporter new to Manhattan, a nobody. And he was, as New York magazine would dub him a few years hence in a cover story, America's Most Famous Journalist. I'd written a devastating expose about a writer he apparently hated. I distinctly remember that when he left me a congratulatory message on my work phone, Dunn referred to him as that cocksucker at that moment in time at Vanity Fair, Dunn basically owned long form true crime. His reporting on the O.J. trial in Menendez Brothers was the kind of writing I dreamed of doing one day. Hi. I fatalized him. He invited me to lunch with him at his favorite spot, Patroon, a clubby restaurant around the corner from his East 49th street apartment. I had no idea how much I'd be thinking about Don over the next 25 years and how dramatically my opinion of him would change. At Petroon, the Moxley case didn't come up. I'm sure I was too busy peppering him with fanboy questions about the O.J. simpson trial. But by then, Dunn already had an eight year history with the Moxley murder, and a consequential one at that. The first time Dunn heard the name Martha Moxley was in 1991. He was on assignment in one of his favorite towns, Tony Palm Beach, Florida, covering the William Kennedy Smith trial. Dunn was a sponge for gossip, especially about the Kennedy family. When he heard the erroneous rumor that spread through the press corps that Smith had been in Greenwich the night a 15 year old girl was murdered, he decided he wanted to know more about the case.
- [46:51]
Interviewee / Witness / Other
Case.
- [46:52]
Andrew Goldman
He set up a meeting with Dorothy Moxley.
- [46:55]
Podcast Host / Advertiser
Dominic Dunn heard about Martha's case and he wrote to me and asked if he could come and talk to me. And I said yes, of course. He said he would like to write a novel about Martha's case. You know, it's fiction and it is not the actual story of Martha's case, but it parallels Martha's case case.
- [47:18]
Andrew Goldman
Fiction allowed Donne the freedom to tell the story as he imagined it. The novel, which Don titled A Season in Purgatory, was published in 1993. In May 1996, just a few months after the unsolved mystery segment about the Moxley case aired, CBS broadcast a miniseries based on the book. Based on Dominic Dunn's bestseller, the explosive.
- [47:39]
Jack Donahue
Miniseries of a powerful family.
- [47:41]
Andrew Goldman
Shocking fall from grand grace and their season in Purgatory. Patrick Dempsey, a decade from playing McDreamy on Grey's Anatomy, played murdering teen Harrison Burns. Dunn's media appearances erased any doubt about who he believed to be the real life Harrison Burns. Dunn told People magazine He was convinced 100% that Skakel, that would be Tommy Skakel knows a lot more than he is saying. Although as I'd come to learn, Dunn would end up changing his opinions about the suspects about as often as he'd switch out eyeglass frames. Don died in 2009 and I was never able to speak to him about the case. So I want to invite someone in to help me tell this part of the story.
- [48:22]
Jack Donahue
My name is Jack Donahue, and I was both the employee and friend of Dominic Dunn. So I would say the two years previous to 911 I took over for. I think his former assistant was a female who he probably didn't talk about because she was ripping him off. She was like, ordering things on his credit card and having it delivered to that apartment. And then when he was at lunch, she'd get it from the super. Yeah, so that was ugly. But we had a great. A great relationship. I actually sang at his funeral.
- [49:06]
Andrew Goldman
As well as having incredible insights into Dunn from having been his assistant. Jack is also a professional singer and trained actor. And after talking to him, I thought his impression of Dunn was so spot on that I convinced him to record some quotes from Dunn from his articles, from newspaper quotes, and from things his biographer Robert Hofler reported him saying. Here's the real Dunn.
- [49:27]
Interviewee / Witness / Other
The reason I can write assholes so well is that I once was an asshole.
- [49:33]
Andrew Goldman
And here's Jack Donahue is.
- [49:35]
Jack Donahue
I guess in the end, I'm just a who needs to get even.
- [49:40]
Andrew Goldman
We spared you the slur Dunn used for Irishman, but not bad, right? Here's what I've taken to calling Jack Donahue's almost Dunn. Reading from a Vanity Fair piece the real Dunn wrote about his 1991 meeting with Martha Moxley's mother.
- [49:54]
Jack Donahue
I told Mrs. Moxley that I thought I could write another book based loosely on her daughter's murder, and it might turn a spotlight on the long dormant case.
- [50:04]
Andrew Goldman
Don was uniquely positioned to take on this story. He grew up in Connecticut, and like the Kennedy family, his background was what was once known as lace curtain. Irish, wealthy, with a high social standing, he actually knew the Kennedys. He'd been a one at Robert Kennedy's 1950 wedding to Ethel Skakel. In the late 60s, Dunn was a marginally successful Hollywood producer as well as an indefatigable social climber. In gossip. After it got around town that he'd made a cruel joke about the weight of Sue Mengers, the most powerful talent agent in town. His membership to the Hollywood in crowd was yanked. As Dunn once recounted in a documentary about his life, Robert Evans, the legendary Godfather producer influence, informed him of his fate. Here's the real Dunn.
- [50:48]
Interviewee / Witness / Other
I got a call from Bob Evans, and he just said to me, you're through. You're over. You are over in Hollywood. And I was.
- [51:01]
Andrew Goldman
And I knew it Broke and washed up, more than a decade of substance abuse followed. Like Ken Littleton, Dunn enjoyed his cocaine intravenously. It's hard to pinpoint his exact rock bottom, but it might have been in the late 70s when he sold his West Highland Terrier Alfie for $300 to buy cocaine. Though he was a closeted gay man, only admitting his attraction to men in a book published after his death, he'd been married to a woman and fathered three kids. In the early 80s, the Dun name was enjoying a Hollywood renaissance thanks to Dominic's children. His elder son Griffin, a hot young acting commodity, would later go on to star in Martin Scorsese's dark comedy After Hours. His youngest, Dominique, was pursuing an acting career of her own. But then, in 1982, not long after the release of the hit horror film Poltergeist, in which she had landed her breakout role, 22 year old Dominique was murdered. The following year, her father, still shattered, happened to be seated at a Manhattan dinner party next to the soon to be editor of Vanity Fair, Tina Brown, who described their fateful friends first meeting in the audiobook of her published diaries.
- [52:09]
Podcast Host / Advertiser
The emotion of the night ratcheted up when Dominic suddenly revealed to me something terrible.
- [52:14]
Andrew Goldman
His daughter Dominique was murdered.
- [52:16]
Podcast Host / Advertiser
She got involved with an increasingly controlling man, a chef at LA's fashionable Marmez en Restaurant. He throttled her for three days. Before she died, Dominic sat by her hospital bed looking at her bruised neck.
- [52:29]
Andrew Goldman
Brown told him that if he took notes, she would publish his trial notes memoir in Vanity Fair.
- [52:34]
Podcast Host / Advertiser
His face lit up as if I'd just thrown him a lifeline. He seemed buoyed up when he left the dinner, as if he'd glimpsed some redemption from all his suffering.
- [52:43]
Andrew Goldman
That piece from 1984, Justice, A Father's account of the trial of his daughter's killer, was a passionate protest of a broken justice system. Lamenting how an expensive defense attorney managed to suppress from jurors evidence of the defendant's extensive prior violence towards women. He was convicted not of murder, but manslaughter and only served a fraction of his multi year sentence. Tina Brown knew that she'd found a star and Dominic Dunn had not only found a new career, but a cause. He later wrote with a dramatic flair that would come to embody his signature style.
- [53:18]
Jack Donahue
I had never attended a trial until that of the man who murdered my daughter. What I witnessed in that courtroom enraged and redirected me. How I hated his lawyer, how I.
- [53:30]
Andrew Goldman
Hated that Judge Dunn's calling turned out to be high profile. Murder cases. His stories were full of delicious gossip, but also included a running theme, how the justice system always tilts in favor of rich or well connected defendants. As he told Dorothy Moxley in 1992 when he was asking for her consent to write A Season in Purgatory, his interest was particularly personal. His own daughter had been born a year apart from Martha, and like Martha, the attack that led to her death occurred on October 30, albeit seven years later. Dunn's book, written with Mrs. Moxley's blessing, simultaneously raised the profile of the Moxley case and Dunn himself. By 1995, when Vanity Fair sent him to cover the O.J. simpson trial, he was probably the most famous person in the courtroom besides the defendant, but unquestionably the best dressed. Dunn could now afford to look like a million bucks in Gucci Horsebit loafers, gold Tiffany cufflinks, and his signature black round frame glasses that made him look like a stylish owl. By the time Jack Donahue became his assistant, Dunn confided that Vanity Fair was paying him $33,000 a month for his column. The O.J. simpson trial ended with an infamous acquittal. When the verdict was announced, cameras captured Dominic Dunn's mouth agape in horror. Just before Christmas 1996, nearly a year to the day after Tom Sheridan fired Jim Murphy and Sutton Associates, Dominic Dunn's phone rang. Here's Dunn's one time assistant again, reading from a Vanity Fair article from the year 2000.
- [55:01]
Jack Donahue
I had a call from Bernice Ellis, the receptionist at Vanity Fair who monitors the calls that come in for the magazine's writers. She knows how to separate the wheat from the chaff. It's about the Moxley case, she said. I think you should talk to this guy.
- [55:18]
Andrew Goldman
Don scheduled a lunch date for the following day at Patroon, like I said.
- [55:22]
Jack Donahue
His favorite restaurant, carrying a manila envelope. He came into the restaurant wearing jeans and a T shirt that wasn't quite the dress code for Patroon, but they let him in. I hadn't imagined talking to him on the phone, how young he was going to be. He was 24, but could easily have passed for 17.
- [55:44]
Andrew Goldman
He was, of course, aspiring writer Jamie Bryan. He hadn't, in fact, turned over everything to Jim Murphy. He'd held onto those purposely prejudicial worst case scenario reports Murphy had tasked him to write. And in what must surely have been an effort to ingratiate himself, perhaps with the Vanity Fair article in his sights, he handed over the Sutton reports. Murphy only learned of this handoff months later. After fielding a call from Newsday's Len Levitt, who had gotten the tip from Dorothy Moxley, Murphy was understandably upset.
- [56:15]
Jim Murphy
I didn't have any indication at all that he had given anything away until I got that call from Len Levitt. So he says, Jim, you know this guy, Jamie Bryant, he says, well, he says he has provided information to Dominic Dunn, which I was just completely baffled by, you know, and obviously pretty embarrassed.
- [56:38]
Andrew Goldman
I should pause here to remind listeners that Don, up to that point, had been vocal about his belief that Tommy Skakel killed Martha. This theory had been the centerpiece of both his fictionalized book and miniseries. According to Jim Murphy, Jamie Bryant had come to a different conclusion, a shocking one, that Michael, not Tommy, was the killer. A conclusion he apparently shared with Dunn over that lunch. Let me just ask you a question. Do you think that, I mean, Jamie Bryan had just gotten out of school. Do you think that he is as qualified to decide who killed Martha Moxley as you are?
- [57:10]
Jim Murphy
No.
- [57:10]
Andrew Goldman
I mean, the writing that he did is persuasive, but also some of it's not actually factual.
- [57:16]
Jim Murphy
No, it's not.
- [57:19]
Andrew Goldman
Whether Dominic Dunn understood that the documents Brian handed off were largely speculative is open to debate. But according to Dunn's own biographer, when they met, Brian explained to Don that the documents were a rhetorical exercise. That's not what Don wrote in Vanity Fair.
- [57:35]
Jack Donahue
When it came time to give the results to Skakel, the agency knew it had to put all its findings into a cohesive report that he could read and digest. When the report was presented to Rushton Skakel, it indicated that Tommy had not killed Martha Moxley. Michael, the fourth Skakel son, who had never been a suspect, had in all probability killed her.
- [58:06]
Andrew Goldman
I wondered what Jim Murphy would make of that passage in Vanity Fair. Dominic Dunn wrote, specifically wrote, Sutton Associates decided that Michael was the one most likely. Which is.
- [58:18]
Jim Murphy
Which is not true.
- [58:19]
Andrew Goldman
Not true.
- [58:20]
Jim Murphy
No. I never would have written that.
- [58:24]
Andrew Goldman
As for Sutton Associates presentation of the findings to Rush Skakel, Unmasking Michael as the killer fiction, Steven Skakel said he'd never seen any evidence that his father ever saw. The reports which I find credible. Given Skakel attorney Tom Sheridan's tight grip on information, Sheridan felt part of his job was not only to protect Rush Skakel's interests, but also to keep him virtually in the dark about a variety of stressors, chief among them the ongoing Moxley investigation. As he wrote to Tommy's lawyer, Minnie MARGOLIS In a 1978 memo, with respect to Mr. Skakel, let me advise you that I try to keep him knowing as little as possible. Not to mention, in the latter part of Sutton's investigation, Rush Skakel was already suffering from dementia. There's an expression in journalism too good to check, meaning a detail that a reporter wishes were true but collapses under the slightest scrutiny. I've come to realize that too good to check was a done specialty, and in this case, one that kept him right where he wanted to be seen, as an authority with special knowledge of yet another of the country's most notorious murder cases. In what must have been a great disappointment to Jamie Bryan, his byline never graced the pages of Vanity Fair. But the lunch turned the tide on the Moxley case in an unexpected way, intertwining Greenwich's most notorious unsolved crime with a case so famous that it changed the way we look at white Broncos forever. In 1997, a new and notable public figure made his entrance in the Martha Moxley case, who would also forever change the way the public looked at Michael Skakel. Well, my name is Mark Fuhrman. I was a detective with Los Angeles Police Department. I ended up doing an investigation for Dorothy Moxley on the murder of her daughter, Martha Moxley.
- [60:14]
Interviewee / Witness / Other
And that's how I ended up talking with you.
- [60:22]
Andrew Goldman
Next time on Dead Certain, the Martha Moxley Murder. We'll finally hear from someone who has never before spoken publicly about this case. Can you tell me your name, say my name is, and why I might be interviewing you? My name is Michael Skakel. And why am I being interviewed?
- [60:39]
Jim Murphy
I mean, that's kind of a big question, isn't it?
- [60:42]
Andrew Goldman
If we had all the information in The Sutton Report, November 1, 1975, who would have went to the police station? From his book, there was the map that would lead to Michael Skakel from NBC News studios and highly replaceable productions. Dead Certain, the Martha Moxley Murder is written, reported, executive produced and hosted by me, Andrew Goldman. Alexa Danner is executive producer and head of audio at NBC News Studios. Megan Shiels and Rob Heath are producers. Nora Battelle is our story editor. Fact checking by Simone Buteau. Production assistance by Brendan Wiesel. Sound design by Rick Kwan and Mark Yoshizumi. Original music by John Estes. Bryson Barnes is our technical director. Amanda Moore is our production manager, and Marissa Riley is the director of production. Liz Cole is president of NBC News Studios. Thanks for listening. New episodes of Dead Certain the Martha Moxley Murder dropped Tuesdays through January 20th.
- [61:54]
Podcast Host / Advertiser
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